“Street takeover” at a car show leads Cary to nuisance law

A car show held in the spring resulted in the Village of Cary updating its public nuisance ordinance to require permits for events in the production district.
Courtesy of the Village of Cary

The village of Cary has updated an ordinance requiring permits for events with rules for some gatherings after a car show brought hundreds of visitors to a production area and surprised police.

Cary police responded to “multiple complaints” related to an April 21 incident in the 700 block of Industrial Drive. According to village documents, police closed Industrial Drive until the crowd dispersed. Complaints ranged from dangerous driving to public urination, Police Chief Patrick Finlon told village board members.

“We didn’t know this event was happening, and it’s really not the type of event that’s well-suited to a limited manufacturing district since the current street configuration doesn’t have sidewalks,” he said.

Finlon described some participants “driving unsafely,” which resulted in tire tracks on the road. Village Administrator Ellen McAlpine called it “drag racing.”

“I’ll tell you right now, this was a street takeover,” Finlon said.

Village leaders unanimously approved the ordinance change Tuesday. The village did not identify the business that hosted the April car event.

The updated ordinance now considers any gathering that results in unlawful activity or unlawful use of a street to be a public nuisance. Unlawful uses include reckless driving, tire squealing and screeching, street racing, and street scenes.

“Municipalities have the opportunity to identify and define nuisances and adopt ordinances that curb such nuisances,” city staff said in a village document.

Events in the Production District that are expected to have more than 50 participants must now submit a permit application with traffic and parking plans to the village 10 days before the event. Public gatherings are not permitted at any time on weekdays and from 10:00 p.m. to 7:00 a.m. on weekends

“We don’t ban it. We’re just letting them go through the process so that if they want to do something, we’re fully staffed and prepared to put on an effective event,” McAlpine said.

Permit fees are $50 and the penalty for failure to comply with the ordinance includes a fine of up to $750 for each occurrence, according to the ordinance.

Permit applications are reviewed by the village’s Community Development Department, Fire Protection District and Police Department. Event organizers must also notify neighboring businesses within a ⅟₄-mile radius as well as the transportation departments of School Districts 26, 47 and 155.